Circular No. 08/2006/TT-BTNMT guiding strategic environmental assessment, environmental impact assessment, and environmental protection commitment

CIRCULAR

Guidelines on Strategic Environmental Assessment,

Environmental Impact Assessment, and Environmental Commitment

_____________________________

The Prime Minister issues this Decision amending and supplementing certain provisions of the Regulation on Response Activities to Oil Spill Incidents issued together with Decision No. 02/2013/QĐ-TTg dated January 14, 2013 of the Prime Minister.

Pursuant to the Government Decree No. 80/2006/NĐ-CP dated August 9, 2006 detailing and guiding the implementation of certain provisions of the Environmental Protection Law;

Pursuant to Decree No. 91/2002/NĐ-CP dated November 11, 2002 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

The Ministry of Natural Resources and Environment provides detailed guidelines for implementing certain aspects of strategic environmental assessment, environmental impact assessment, and environmental commitment as follows:

This technical regulation sets out technical requirements, testing methods, sampling procedures; management requirements; responsibilities of organizations and individuals producing, trading, and importing cigarettes.

Thông tư này quy định chi tiết khoản 4 Điều 38 Luật Thủy sản số 18/2017/QH14 đã được sửa đổi, bổ sung tại điểm c khoản 21 Điều 14 Luật số 146/2025/QH15.

1.1. These Circulars provide detailed guidelines for implementing certain aspects of strategic environmental assessment, environmental impact assessment, and environmental commitment as prescribed in the Law on Environmental Protection dated November 29, 2005 (hereinafter referred to as the Law on Environmental Protection) and Decree No. 80/2006/NĐ-CP dated August 9, 2006 of the Government detailing and guiding the implementation of certain provisions of the Law on Environmental Protection (hereinafter referred to as Decree No. 80/2006/NĐ-CP), including:

a) Preparing and reviewing strategic environmental assessment reports;

b) Preparing, reviewing, and approving environmental impact assessment reports and supplementary environmental impact assessment reports; implementing and monitoring compliance with environmental protection contents in environmental impact assessment reports, supplementary environmental impact assessment reports, and requirements of approval decisions;

c) Preparing, registering, and confirming environmental protection commitments.

1.2. These Circulars do not apply to existing facilities (also known as operating facilities), including those that did not previously comply with regulations on preparing, reviewing, and approving environmental impact assessment reports.

1.3. Strategies, plans, programs, and projects related to national security, defense, and state secrets are guided by other documents.

Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.

These Circulars apply to state agencies, organizations, and individuals within Vietnam; foreign organizations and individuals (hereinafter collectively referred to as organizations and individuals) involved in activities related to the contents specified in Point 1.1, Section 1, Part I of these Circulars.

3. Application of environmental standards and technical regulations

When preparing an environmental impact assessment report or an environmental protection commitment for a project, Vietnamese mandatory environmental standards and technical regulations must be applied; international treaties to which Vietnam is a member also require the application of such standards and technical regulations.

II. PREPARATION AND REVIEW OF STRATEGIC ENVIRONMENTAL ASSESSMENT REPORTS

1. Preparation of strategic environmental assessment reports

1.1. The agency assigned the task of preparing a project subject to the preparation of a strategic environmental assessment report as stipulated in Article 14 of the Law on Environmental Protection (hereinafter referred to as the project proponent) shall establish a working group for strategic environmental assessment comprising environmental experts and relevant scientists with appropriate qualifications and expertise corresponding to the content and nature of the project to conduct strategic environmental assessment work and prepare the strategic environmental assessment report for the strategy (plan, program).

1.2. The strategic environmental assessment report must be structured and meet the content requirements as specified in Appendix 1 attached to these Circulars.

2. Submission of documents for review of strategic environmental assessment reports

2.1. The project proponent submits documents for review of strategic environmental assessment reports to the agency responsible for organizing the review as stipulated in Clause 7, Article 17 of the Law on Environmental Protection.

2.2. The quantity and format of the documents for review are as follows:

a) One document requesting review of the strategic environmental assessment report according to the model specified in Appendix 2 attached to these Circulars;

b) Seven copies of the strategic environmental assessment report of the project bound according to the model specified in Appendix 3 attached to these Circulars, signed with the name, position, and stamped on the cover page of each report;

c) One draft of the strategy (plan, program).

2.3. In cases where the number of members of the review board exceeds seven, or in other necessary cases due to the requirements of the review process, the project proponent shall provide additional copies of the strategic environmental assessment report as required by the agency organizing the review.

3. Review of strategic environmental assessment reports

3.1. After receiving complete and valid documents for review, the agency organizing the review shall establish a review board; the number of board members shall be determined based on the provisions of Clauses 2, 3, and 4, Article 17 of the Law on Environmental Protection, the nature, scale of the project, and environmental requirements, but must ensure at least seven members.

3.2. Within the time limit stipulated in Clause 1 and Clause 2, Article 12 of Decree No. 80/2006/NĐ-CP, the agency organizing the review must complete the review of the strategic environmental assessment report.

3.3. The organization and operation of the review board shall be carried out in accordance with the Regulation on the Organization and Operation of the Strategic Environmental Assessment Report Review Board and the Environmental Impact Assessment Report Review Board issued together with Decision No. 13/2006/QĐ-BTNMT dated September 8, 2006 of the Minister of Natural Resources and Environment.

3.4. The submission of the review results report shall be carried out in accordance with the provisions of Clause 3 and Clause 4, Article 10 of Decree No. 80/2006/NĐ-CP.

III. PREPARATION, REVIEW, AND APPROVAL OF ENVIRONMENTAL IMPACT ASSESSMENT REPORTS; IMPLEMENTATION, MONITORING, AND CONFIRMATION OF COMPLIANCE WITH CONTENTS IN ENVIRONMENTAL IMPACT ASSESSMENT REPORTS

1. Preparation of environmental impact assessment reports

1.1. Organizations and individuals who are project investors subject to the preparation of environmental impact assessment reports as stipulated in Appendices I and II issued together with Decree No. 80/2006/NĐ-CP (hereinafter referred to as the project proponent) shall organize or hire consulting service organizations meeting the conditions stipulated in Article 8 of Decree No. 80/2006/NĐ-CP to conduct environmental impact assessment work and prepare the environmental impact assessment report for the project.

1.2. The environmental impact assessment report must be structured and meet the content requirements as specified in Appendix 4 attached to these Circulars.

2. Consultation with the community's opinions

2.1. The project proponent shall send a document to the People's Committee and the People's Council for United Front Work at the commune level to notify the basic contents of the project, the negative environmental impacts of the project, the measures to mitigate such negative environmental impacts that will be applied, and request written comments.

2.2. In case the People's Committee or the People's Council for United Front Work at the commune level requests a dialogue, the project proponent must cooperate in its implementation. The results of the dialogue shall be recorded in minutes, reflecting fully all discussed opinions, the project proponent’s acceptance or non-acceptance of these opinions; the minutes shall bear signatures (with full name and position) of the chairperson of the dialogue and the project proponent or their representative, accompanied by a list of attendees.

2.3. The opinions supporting or opposing the project from the People's Committee, the People's Council for United Front Work at the commune level, and the representatives attending the dialogue must be reflected in the content of the environmental impact assessment report.

2.4. Written comments from the People's Committee, the People's Council for United Front Work at the commune level, the minutes of the dialogue, and other community consultation documents (if any) must be copied and attached as appendices to the environmental impact assessment report of the project.

3. Submitting the dossier for the review of the environmental impact assessment report

3.1. The project proponent shall submit the dossier for the review of the environmental impact assessment report to the agency organizing the review of the environmental impact assessment report as stipulated in Clause 7, Article 21 of the Environmental Protection Law.

3.2. The quantity and format of the dossier for the review are specified as follows:

a) One (1) document from the project proponent requesting the review and approval of the environmental impact assessment report according to the model attached as Appendix 5 to this Circular;

b) Seven (7) copies of the environmental impact assessment report of the project bound into volumes according to the model prescribed in Appendix 6 to this Circular, signed with the full name and position of the project proponent and stamped on the back cover page of each report;

c) One (1) draft feasibility study report or investment report of the project.

3.3. In cases where the number of members of the Review Board needs to exceed seven (7) people, or in other necessary cases due to the requirements of the review work, the project proponent must provide additional copies of the environmental impact assessment report as required by the agency organizing the review.

4. Reviewing the environmental impact assessment report through a Review Board

4.1. After receiving a valid dossier meeting the requirements for review, the agency organizing the review shall establish a Review Board; the number of Review Board members shall be determined based on the provisions of Clauses 2, 3, and 4, Article 21 of the Environmental Protection Law, the nature, scale of the project, and environmental requirements, but must ensure at least seven (7) members.

4.2. The organization and operation of the Review Board shall be carried out in accordance with the Regulation on the Organization and Operation of the Strategic Environmental Assessment Review Board and the Environmental Impact Assessment Report Review Board issued together with Decision No. 13/2006/QĐ-BTNMT dated September 8, 2006, of the Minister of Natural Resources and Environment.

5. Reviewing the environmental impact assessment report through a service review organization

5.1. The organization selected to perform the service of reviewing the environmental impact assessment report must meet the following conditions:

a) Having a team of staff with appropriate qualifications and expertise in line with the requirements for reviewing the environmental impact assessment report of the project;

b) Having sufficient equipment, devices, technical facilities, laboratories with quality and reliability needed for measurement, sampling, processing, and analysis of environmental samples and related samples suitable for the nature of the project and the location of the project implementation; in cases where requirements are not met, contracts must be signed to hire organizations or individuals meeting the requirements set forth;

c) Meeting other conditions as prescribed by relevant laws.

5.2. The activities of the service review organization shall be carried out in accordance with the regulations of the Ministry of Natural Resources and Environment.

6. Completing the environmental impact assessment report

6.1. Within no more than three (3) working days from the date of receipt of the results of the Review Board or the service review organization, the agency organizing the review shall issue a notification to the project proponent regarding the review results and the requirements for completing or redrafting the environmental impact assessment report.

6.2. In cases where the environmental impact assessment report needs to be further completed, the project proponent shall proceed to complete it, sign at the bottom left corner of each page, and reproduce it in the following quantities to be sent to the agency organizing the review along with a detailed explanation document about the completion for consideration and approval:

a) For environmental impact assessment reports within the approval authority of the Ministry of Natural Resources and Environment, the number of reports must be sufficient to be sent to the following addresses: Ministry of Natural Resources and Environment (four copies, including one copy recorded on a CD); Provincial People's Committee within the project area (one copy); the managing ministry or sector of the project (one copy). In cases where the project covers areas of two provinces or centrally-administered cities or more, additional copies of the environmental impact assessment report equal to the number of additional provinces shall be sent;

b) For environmental impact assessment reports within the approval authority of ministries, ministerial-level agencies, or government agencies, the number of reports must be sufficient to be sent to the following addresses: Managing ministry or sector of the project (three copies, including one copy recorded on a CD); Provincial People's Committee within the project area (one copy); Ministry of Natural Resources and Environment (one copy);

c) For environmental impact assessment reports within the approval authority of the provincial People's Committee, the number of reports must be sufficient to be sent to the provincial People's Committee where the project is located, consisting of three copies, including one copy recorded on a CD.

7. Re-reviewing the environmental impact assessment report

7.1. In cases where the environmental impact assessment report is not approved by the Review Board or the service review organization, re-reviewing shall be conducted upon the project proponent's request.

7.2. The re-evaluation of the environmental impact assessment report shall be conducted by the Evaluation Council or the evaluation service organization that carried out the initial evaluation; if necessary, the competent authority approving the environmental impact assessment report may establish a new Evaluation Council or select another evaluation service organization to conduct the re-evaluation.

8. Approval of the environmental impact assessment report

8.1. The decision approving the environmental impact assessment report shall be prepared according to the model prescribed in Appendix 7 attached hereto.

8.2. In cases where there is a possibility of adverse environmental impacts not fully assessed in the environmental impact assessment report due to objective reasons such as lack of detailed project data, current status and carrying capacity of the surrounding environment data, insufficiently reliable risk assessment, and other force majeure reasons up to the time of approval of the environmental impact assessment report, the competent authority approving the report must note this in the section on accompanying requirements of the approval decision.

9. Confirmation and submission of the approved environmental impact assessment report

9.1 After the environmental impact assessment report has been approved, the competent authority approving the report shall confirm on the back cover page of each copy of the environmental impact assessment report according to the model prescribed in Appendix 8 attached hereto.

9.2. The competent authority approving the report shall be responsible for sending the confirmed environmental impact assessment report along with the decision approving the environmental impact assessment report to the project proponent and other relevant agencies as stipulated in point 6.2 item 6 Part III of this Circular; send the original and copies of the decision approving the environmental impact assessment report in accordance with Clause 1 and Clause 2 Article 15 of Decree No. 80/2006/NĐ-CP.

10. Preparation, evaluation, and approval of supplementary environmental impact assessment reports

10.1. Project proponents falling under the provisions of Clause 1 Article 13 of Decree No. 80/2006/NĐ-CP shall be responsible for preparing supplementary environmental impact assessment reports to submit to the authority that approved the original environmental impact assessment report of the project for evaluation and approval before implementation.

10.2. Supplementary environmental impact assessment reports shall be structured and meet the content requirements prescribed in Appendix 9 attached hereto.

10.3. The number and format of the application dossier for the evaluation and approval of supplementary environmental impact assessment reports are specified as follows:

a) One (1) request for evaluation and approval of supplementary environmental impact assessment reports according to the model prescribed in Appendix 10 attached hereto;

b) Five (5) copies of the supplementary environmental impact assessment report bound into volumes according to the model prescribed in Appendix 11 attached hereto, signed with the name and position of the project proponent and stamped on the back cover page. In case additional copies are required for the evaluation process, the project proponent must provide them according to the requirements of the evaluating authority;

c) One (1) copy of the previously approved environmental impact assessment report;

d) One (1) certified copy of the decision approving the previously submitted environmental impact assessment report;

đ) One (1) explanation of the adjusted contents of the project.

10.4. The evaluation of supplementary environmental impact assessment reports shall be conducted through the form of written opinions from experts and managers with appropriate expertise and qualifications; if necessary, additional opinions from local state management authorities on environmental protection where the project is located may also be sought. Comments and evaluations shall be expressed according to the model prescribed in Appendix 12 attached hereto.

10.5. If the dossier does not comply with the requirements for evaluation, within no more than five (5) working days from the date of receipt of the dossier, the organization conducting the evaluation must issue a written notice to the project proponent detailing the reasons for supplementation and completion.

10.6. The decision approving the supplementary environmental impact assessment report shall be prepared according to the model prescribed in Appendix 13 attached hereto and shall accompany the previous decision approving the environmental impact assessment report. In case of non-approval, the competent authority approving the report must respond in writing to the project proponent and specify the reasons.

10.7. The approved supplementary environmental impact assessment report must be confirmed on the back cover page according to the model prescribed in Appendix 8 attached hereto.

10.8. The number of copies of the supplementary environmental impact assessment report that have been approved and confirmed must be sufficient to be sent together with the original of the supplementary approval decision to the addresses that received the previous decision approving the environmental impact assessment report.

11. Content and form of reports and notifications by the project proponent regarding the implementation of contents in the environmental impact assessment report

11.1 The report to the People's Committee of the district where the project is implemented on the content of the decision approving the environmental impact assessment report of the project shall be prepared according to the model prescribed in Appendix 14 attached hereto.

11.2. A summary of the approved environmental impact assessment report shall be prepared according to the model prescribed in Appendix 15 attached hereto.

11.3. The report on the plan to construct environmental treatment facilities and environmental protection facilities shall be prepared according to the model prescribed in Appendix 16 attached hereto.

11.4. The report on the trial operation plan for environmental treatment and protection facilities shall be prepared according to the model prescribed in Appendix 17 attached hereto.

11.5. The report on the implementation of the contents of the report and the requirements of the decision approving the environmental impact assessment report of the project shall be prepared according to the model prescribed in Appendix 18 attached hereto.

11.6. The request for confirmation of the implementation of the contents of the report and the requirements of the decision approving the environmental impact assessment report of the project shall be prepared according to the model prescribed in Appendix 19 attached hereto.

12. Inspection of the implementation of contents in the environmental impact assessment report, supplementary environmental impact assessment report.

12.1. The competent authority approving the environmental impact assessment report shall send representatives to cooperate with the local state management agency for environmental protection to inspect the implementation of the approved environmental impact assessment report in accordance with points c and d, Clause 3, Article 15 of Decree No. 80/2006/NĐ-CP. If necessary, the competent authority approving the environmental impact assessment report may establish an inspection team. The decision to establish the inspection team shall be made according to the form prescribed in Appendix 20 attached hereto.

12.2. The activities of inspection and examination to confirm the implementation of the contents of the report and the requirements of the decision approving the environmental impact assessment report of the project in accordance with Clause 3, Article 16 of Decree No. 80/2006/NĐ-CP include:

a) Studying and examining the application for confirmation submitted by the project proponent;

b) Conducting an on-site inspection of the project location.

12.3. The inspection results shall be recorded in a record according to the form prescribed in Appendix 21 attached hereto and must be signed by the representative of the responsible inspection agency, the project proponent, and the representative of the local state management agency for environmental protection.

13. Confirmation of the implementation of the contents of the report and the requirements of the decision approving the environmental impact assessment report.

13.1. The certificate confirming that the project has implemented the contents of the report and the requirements of the decision approving the environmental impact assessment report shall be issued according to the form prescribed in Appendix 22 attached hereto. In cases where the conditions for confirmation have not been met, the competent authority responsible for confirmation shall notify the project proponent of the reasons.

13.2. The certificate shall be attached to the decision approving the environmental impact assessment report of the project for easy inspection and monitoring.

14. Technical appraisal of environmental treatment works and protection works.

14.1. The technical appraisal of environmental treatment works and protection works shall be carried out in accordance with the laws on investment and construction.

14.2. Organizations that have designed and installed environmental treatment works and protection works of the project shall not conduct the technical appraisal of such works or components.

IV. PREPARATION, REGISTRATION, AND CONFIRMATION OF ENVIRONMENTAL PROTECTION COMMITMENTS

1. Preparation of environmental protection commitments.

1.1. Project proponents who are required to prepare environmental protection commitments under Article 24 of the Law on Environmental Protection (hereinafter referred to as the project proponent) shall be responsible for preparing the environmental protection commitment.

1.2. The structure and content requirements of the environmental protection commitment shall be implemented in accordance with the provisions set forth in Appendix 23 attached hereto.

2. Registration of environmental protection commitments.

2.1. The project proponent shall be responsible for submitting the registration application for the environmental protection commitment to the People's Committee of the district where the project is located or the People's Committee of the commune authorized to register and issue the confirmation certificate.

2.2. In cases where the project is located within the jurisdiction of two or more districts, towns, cities under provinces, the project proponent shall choose the People's Committee of one district, town, city under province to submit the registration application for the environmental protection commitment.

2.3. The number and format of the registration application for the environmental protection commitment are as follows:

a) One application for registration confirmation of the environmental protection commitment according to the form prescribed in Appendix 24 attached hereto;

b) Three copies of the environmental protection commitment according to the form prescribed in Appendix 25 attached hereto, signed by the name and position of the project proponent and stamped on the back cover of each copy; if the commune People's Committee is authorized to confirm, an additional copy of the environmental protection commitment shall be sent (for projects located within the jurisdiction of one district); in cases where the project is located within the jurisdiction of two or more districts, additional copies of the environmental protection commitment equal to the number of additional districts shall be sent.

c) One draft feasibility study report or investment justification report of the project.

3. Confirmation of registration of environmental protection commitments.

3.1. In cases where the application is valid, the People's Committee of the district or the commune authorized to register must complete the issuance of the confirmation certificate for the registration of the environmental protection commitment for the project proponent according to the form prescribed in Appendix 26 attached hereto.

3.2. The competent authority issuing the confirmation certificate for registration must confirm on the back cover of each registered environmental protection commitment according to the form prescribed in Appendix 8 attached hereto.

4. Submission of confirmed environmental protection commitments.

4.1. In cases where registration and confirmation are conducted at the district level, the People's Committee of the district shall send the confirmed application to the project proponent one copy of the environmental protection commitment along with the confirmation certificate for implementation.

In cases where the project is located within the jurisdiction of two or more districts, the People's Committee of the district where the environmental protection commitment is confirmed shall be responsible for sending one copy of the environmental protection commitment along with the confirmation certificate to the People's Committee of the related district.

4.2. In cases where registration and confirmation are conducted at the commune level, the People's Committee of the commune shall send the confirmed application to the following addresses:

a) The project proponent one copy of the environmental protection commitment along with the confirmation certificate for implementation;

b) The People's Committee of the district one copy of the environmental protection commitment along with the confirmation certificate.

5. Delegation of authority to confirm registration of environmental protection commitments.

5.1. The People's Committee of the district shall delegate the authority to confirm registration of environmental protection commitments to the People's Committee of the commune in writing according to the form prescribed in Appendix 27 attached hereto.

5.2. The procedures, formalities, and deadlines for registration and confirmation at the commune level shall be carried out in accordance with the provisions of Sections 2, 3, and 4 of Part IV of this Circular.

5.3. The People's Committee of the district shall not delegate the authority to confirm registration of environmental protection commitments to the People's Committee of the commune in cases where the project is located within the jurisdiction of two or more districts, towns, cities under provinces.

V. IMPLEMENTATION PROVISIONS

1. Ministries, ministerial-level agencies, government agencies, and People's Committees at all levels shall organize the implementation of this Circular.

2. This Circular shall take effect fifteen days from the date of publication in the Official Gazette and shall replace Circular No. 490/1998/TT-BKHCNMT dated April 29, 1998 of the Ministry of Science, Technology and Environment guiding the preparation and examination of environmental impact assessment reports for investment projects.

3. Any difficulties encountered during implementation shall be promptly reported to the Ministry of Natural Resources and Environment for consideration and resolution./.